Jennifer Roback Morse: How Iowa Happened

Has Iowa’s Supreme Court left you scratching your head and asking, “How did the Iowa Supreme Court make such a decision? It’s Iowa!?!”

Yeah, me too. In fact, it’s left me saying, “If this can happen in Iowa, why not here in WV too?”

Looks like we’re not alone. Jennifer Roback Morse tackled the issue and provides good insight for those of us in the Mountain State wondering if our SupCo would like to follow the progressivism of the Hawkeye State:

By now, everyone knows that the Supreme Court of Iowa has imposed same-sex “marriage” on the heartland of America, a mere 10 years after the people of that state had expressly voted against it. What very few people know is exactly how unfair this fight really was. Not only was the lineup within the courtroom imbalanced, but the trial court refused to hear relevant evidence. When the case made its way to the Iowa Supreme Court, they didn’t behave much better.

This case, known as Varnum v. Brien, began with a half dozen same-sex couples applying for marriage licenses in Polk County, Iowa. The county clerk, acting in accordance with the law, refused. Mind you, the state of Iowa did not go bothering unassuming people who were minding their own business. This was a staged case. These couples went to the clerk’s office intending to be refused. They sued Timothy Brien, Polk County recorder and registrar, an ordinary county employee.

The plaintiffs, that is, the people who complained, were not exactly average citizens battling the big mean state of Iowa all by themselves. They had the backing of homosexual-rights establishment organizations. The Lambda Legal Defense and Education Fund took in $20 million in 2007. Lambda Legal is a nonprofit devoted solely to bringing legal challenges like these.

By contrast, Polk County, Iowa, has a budget of $15 million for the entire court system.* One of the attorneys of record for Lambda Legal has degrees from Yale and Columbia. Iowa’s law was defended not by the state’s attorney general, nor even by the county attorney, but by two assistant county attorneys.

The case wasn’t a fair fight: It was more like David and Goliath without the benefit of divine intervention.